Fruzzetti v. Easton Police Officers (1:22-cv-11330), Massachusetts District Court

Fruzzetti v. Easton Police Officers

Massachusetts District Court
Judge:	Allison D Burroughs
Case #:	1:22-cv-11330
Nature of Suit	550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause	42:1983 Prisoner Civil Rights

Case Filed:	Aug 17, 2022
Terminated:	Feb 28, 2024

Defendant Daniel Perry
Defendant Dottie Fulgenetti
Defendant Easton Police Officers
Defendant Steve Hamilton Sr.
Defendant The Commonwealth of Massachusetts
Defendant Town Counsel Chair
Plaintiff Lee Fruzzetti

GPO Nov 15 2022
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered granting in part and denying in part 5 Motion to Amend; granting in part and denying in part 7 Motion to Amend; denying without prejudice 2 Motion for Leave to Proceed in forma pauperis. If Fruzzetti wishes to proceed in this matter, he must by December 29, 2022, (1) either pay the $402 filing fee or resubmit a renewed motion for leave to proceed in forma pauperis and a copy of his prison account statement; and (2) file a third amended complaint that complies with the Federal Rules of Civil Procedure. Failure to timely comply with these directives may result in the dismissal of this action. (PSSA, 4)

GPO Feb 28 2024
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the reasons set forth (herein), Defendants' motions to dismiss, [ECF Nos. 21, 29, 32], are GRANTED.SO ORDERED. (McManus, Caetlin)

Docket last updated: 10 hours ago

Tuesday, March 12, 2024
49		49 appeal USCA Case Number Tue 03/12 9:42 AM USCA Case Number 24-1247 for47 Notice of Appeal filed by Lee Fruzzetti. (Paine, Matthew) Related: [-]
Monday, March 11, 2024
48		48 appeal Abbreviated Electronic Appeal Record Sent to USCA Mon 03/11 6:58 PM Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re47 Notice of Appeal (Paine, Matthew) Related: [-]
47		47 appeal Notice of Appeal Mon 03/11 3:26 PM NOTICE OF APPEAL as to45 Memorandum & ORDER,46 Order Dismissing Case by Lee Fruzzetti NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at[LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 4/1/2024. (McManus, Caetlin) Related: [-]
Wednesday, February 28, 2024
46		46 1 pgs order Order Dismissing Case Wed 02/28 10:37 AM Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE. (McManus, Caetlin) Related: [-]
45		45 14 pgs order Memorandum & Order Wed 02/28 10:24 AM Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the reasons set forth (herein), Defendants' motions to dismiss, [ECF Nos.21 ,29 ,32 ], are GRANTED . SO ORDERED. (McManus, Caetlin) Related: [-]
Thursday, September 21, 2023
44		44 misc USMS Process Receipt and Return Fri 09/22 8:19 AM US Marshal Process Receipt and Return for Summons and Complaint. (Dore, Samantha) Related: [-]
43		43 misc USMS Process Receipt and Return Fri 09/22 8:18 AM US Marshal Process Receipt and Return for Summons and Complaint. Daniel Perry served Delivered on 7/31/2023 (Dore, Samantha) Related: [-]
42		42 misc USMS Process Receipt and Return Fri 09/22 8:16 AM US Marshal Process Receipt and Return for Summons and Complaint Delivered on 7/31/2023. (Dore, Samantha) Related: [-]
41		41 misc USMS Process Receipt and Return Fri 09/22 8:15 AM US Marshal Process Receipt and Return for Summons and Complaint served. (Dore, Samantha) Related: [-]
Wednesday, August 30, 2023
40		40 utility Remark Wed 08/30 1:59 PM Remark : Duplicate of ECF No.39 received today, not docketed. (McManus, Caetlin) Related: [-]
Thursday, August 24, 2023
39		39 respm Opposition to Motion Fri 08/25 1:51 PM Opposition re21 First MOTION to Dismiss Plaintiff's Complaint ,29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lee Fruzzetti.(McManus, Caetlin) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 2,
		Att: 3 Exhibit 3,
		Att: 4 Cover Letter
Tuesday, August 22, 2023
38		38 service Summons Returned Unexecuted Tue 08/22 4:57 PM Summons Returned Unexecuted by Lee Fruzzetti as to Steve Hamilton, Sr. (McManus, Caetlin) Related: [-]
37		37 order Order ~Util - Set Motion and R&R Deadlines/Hearings Tue 08/22 1:16 PM Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On July 31, 2023, the Commonwealth of Massachusetts moved to dismiss Plaintiff's claim against it. [ECF No.21 ]. Plaintiff's response to this motion was due on August 14, 2023 and, as of August 22, 2023, Plaintiff has not filed a response. Given that the other defendants also filed motions to dismiss yesterday, see [ECF Nos.29 ,32 ], and Plaintiff�s responses to those motions are due September 5, 2023 , the Court will extend Plaintiff�s deadline to respond to the Commonwealth�s motion, [ECF No.21 ], to the same date. Plaintiff must therefore file his responses to all defendants� motions, [ECF Nos.21 ,29 ,32 ], on September 5, 2023 , unless he asks for and receives an extension prior to that date. (McManus, Caetlin) Related: [-]
36		36 order Order on Motion for Miscellaneous Relief Tue 08/22 8:36 AM Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting31 ,34 and35 , Motions for Waiver of Local Rule 7.1 Conference. (McManus, Caetlin) Related: [-]
Monday, August 21, 2023
35		35 motion Miscellaneous Relief Mon 08/21 4:56 PM First MOTION Waiver of Conference Requirement re21 First MOTION to Dismiss Plaintiff's Complaint ,22 Memorandum in Support of Motion to Dismiss Plaintiff's Complaint by The Commonwealth of Massachusetts.(Cento, Patrick) Related: [-]
34		34 motion Miscellaneous Relief Mon 08/21 4:44 PM MOTION to Waive 7.1 Conference by Dottie Fulgenetti, Steve Hamilton, Sr, Daniel Perry.(McDonough, Devin) Related: [-]
33		33 14 pgs respm Memorandum in Support of Motion Mon 08/21 4:39 PM MEMORANDUM in Support re32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dottie Fulgenetti, Steve Hamilton, Sr, Daniel Perry. (McDonough, Devin) Related: [-]
32		32 motion Dismiss for Failure to State a Claim Mon 08/21 4:35 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dottie Fulgenetti, Steve Hamilton, Sr, Daniel Perry.(McDonough, Devin) Related: [-]
31		31 motion Miscellaneous Relief Mon 08/21 4:16 PM Motion to Waive LR 7.1 Conference by Devin R. McDonough on behalf of Town Counsel Chair. (McDonough, Devin) Modified on 8/21/2023 to correct filing event,docket text (McManus, Caetlin) Related: [-]
30		30 14 pgs respm Memorandum in Support of Motion Mon 08/21 4:08 PM MEMORANDUM in Support re29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Town Counsel Chair. (McDonough, Devin) Related: [-]
29		29 motion Dismiss for Failure to State a Claim Mon 08/21 4:07 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Town Counsel Chair.(McDonough, Devin) Related: [-]
Tuesday, August 15, 2023
28		28 notice Notice of Appearance Tue 08/15 11:30 AM NOTICE of Appearance by Devin R. McDonough on behalf of Town Counsel Chair (McDonough, Devin) Related: [-]
27		27 notice Notice of Appearance Tue 08/15 11:29 AM NOTICE of Appearance by Douglas I. Louison on behalf of Town Counsel Chair (Louison, Douglas) Related: [-]
Monday, August 14, 2023
26		26 misc USMS Process Receipt and Return Mon 08/14 5:26 PM US Marshal Process Receipt and Return for Summons & Complaint. Attorney General Andrea J. Campbell served Delivered on 7/7/2023 (McManus, Caetlin) Related: [-]
Friday, August 11, 2023
25		25 misc USMS Process Receipt and Return Mon 08/14 5:25 PM US Marshal Process Receipt and Return for Summons & Complaint. Town of Plymouth served Delivered on 7/10/2023 (McManus, Caetlin) Related: [-]
24		24 notice Notice of Appearance Fri 08/11 10:24 AM NOTICE of Appearance by Devin R. McDonough on behalf of Dottie Fulgenetti, Steve Hamilton, Sr, Daniel Perry (McDonough, Devin) Related: [-]
23		23 notice Notice of Appearance Fri 08/11 10:22 AM NOTICE of Appearance by Douglas I. Louison on behalf of Dottie Fulgenetti, Steve Hamilton, Sr, Daniel Perry (Louison, Douglas) Related: [-]
Monday, July 31, 2023
22		22 8 pgs respm Memorandum in Support of Motion Mon 07/31 11:41 AM First MEMORANDUM in Support re21 First MOTION to Dismiss Plaintiff's Complaint filed by The Commonwealth of Massachusetts. (Cento, Patrick) Related: [-]
21		21 motion Dismiss Mon 07/31 11:40 AM First MOTION to Dismiss Plaintiff's Complaint by The Commonwealth of Massachusetts.(Cento, Patrick) Related: [-]
Tuesday, July 11, 2023
20		20 order Order on Motion for Extension of Time Tue 07/11 1:59 PM Judge Allison D. Burroughs: ELECTRONIC ORDER The Motion for Extension of Time to File Proof of Service19 is GRANTED. The USMS has informed the Clerk that the USMS received papers for service from Plaintiff. At this time, Plaintiff does not need to make any additional efforts to effect service. If proof of service is not provided by the USMS within 30 days, the Clerk will request an update on the status of service from the USMS. (PSSA, 3) Related: [-]
Monday, July 10, 2023
19		19 motion Extension of Time Mon 07/10 4:59 PM MOTION for Extension of Time to to file proof of service ; RESPONSE TO COURT ORDER re 18 Order by Lee Fruzzetti.(McManus, Caetlin) Related: [-]
		Att: 1 Attachments
Friday, June 23, 2023
18		18 order Order To Show Cause Fri 06/23 8:43 AM Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff is ordered to file timely proof of service on Defendants or show cause, in writing prior to July 7, 2023 , why this case should not be dismissed for failure to effect timely service under Federal Rule of Civil Procedure 4(m). (McManus, Caetlin) Related: [-]
Tuesday, March 21, 2023
17		17 service Summons Issued Tue 03/21 4:04 PM Summons Issued as to Dottie Fulgenetti, Steve Hamilton, Sr, Daniel Perry, The Commonwealth of Massachusetts, Town Counsel Chair. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McManus, Caetlin) Related: [-]
16		16 notice Notice - Other Tue 03/21 11:46 AM NOTICE TO PLAINTIFF (instructions for service by USMS); copy of L.R. 4.1. (PSSA, 4) Related: [-]
15		15 notice Notice - re payment of fee - prisoner filer Tue 03/21 11:45 AM NOTICE: re payment of fee (prisoner filer) issued to the Treasurer at MCI Concord (PSSA, 4) Related: [-]
14		14 3 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Tue 03/21 11:44 AM Judge Allison D. Burroughs: ORDER entered granting10 Motion for Leave to Proceed in forma pauperis; denying11 Motion for enlargement of time; denying without prejudice12 Motion for appointment of pro bono counsel. The Clerk shall issue summonses. The Clerk shall send a copy of this order to the institution having custody of Plaintiff. The Clerk shall provide plaintiff with forms and instructions for service by the USMS. Plaintiff is responsible for ensuring that the summonses, the third amended complaint and this order are served on the Defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure and Local Rule 4.1 within 90 days of the date the summons is issued.(PSSA, 4) Related: [-]
Monday, March 13, 2023
13		13 misc Letter/request - non-motion Mon 03/13 2:54 PM Letter/request (non-motion) for status from Lee Fruzetti. (McManus, Caetlin) Related: [-]
Thursday, December 15, 2022
12		12 motion Appoint Counsel Thu 12/15 4:00 PM MOTION for Appointment of Pro Bono Counsel through the Court's Request and Recommendation by Lee Fruzzetti. (McManus, Caetlin) (Main Document 12 replaced on 12/15/2022) (McManus, Caetlin) Related: [-]
Thursday, December 08, 2022
11		11 motion Extension of Time Thu 12/08 3:15 PM MOTION for Enlargement of Time by Lee Fruzzetti. (McManus, Caetlin) Related: [-]
10		10 motion Proceed In Forma Pauperis Thu 12/08 3:14 PM MOTION for Leave to Proceed in forma pauperis by Lee Fruzzetti.(McManus, Caetlin) Related: [-]
		Att: 1 Inmate Transaction Reports
9		9 cmp Amended Complaint Thu 12/08 3:12 PM Third AMENDED COMPLAINT against Town Counsel Chair, The Commonwealth of Massachusetts, Daniel Perry, Dottie Fulgenetti, Steve Hamilton, Sr, filed by Lee Fruzzetti.(McManus, Caetlin) Related: [-]
Tuesday, November 15, 2022
8		8 6 pgs order Order on Motion to Amend Order on Motion for Leave to Proceed In Forma Pauperis Tue 11/15 7:37 AM Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered granting in part and denying in part5 Motion to Amend; granting in part and denying in part7 Motion to Amend; denying without prejudice2 Motion for Leave to Proceed in forma pauperis. If Fruzzetti wishes to proceed in this matter, he must by December 29, 2022, (1) either pay the $402 filing fee or resubmit a renewed motion for leave to proceed in forma pauperis and a copy of his prison account statement; and (2) file a third amended complaint that complies with the Federal Rules of Civil Procedure. Failure to timely comply with these directives may result in the dismissal of this action. (PSSA, 4) Related: [-]
Monday, November 07, 2022
7		7 motion Amend Mon 11/07 3:08 PM MOTION for Leave to Amend Complaint by Lee Fruzzetti.(McManus, Caetlin) Related: [-]
		Att: 1 Exhibit
Monday, October 31, 2022
6		6 cmp Amended Complaint Tue 11/01 12:50 PM Second AMENDED COMPLAINT against Easton Police Officers, filed by Lee Fruzzetti.(McManus, Caetlin) (McManus, Caetlin) Related: [-]
		Att: 1 (11/1/2022) Attachments
Friday, October 21, 2022
5		5 motion Amend Fri 10/21 2:34 PM MOTION to Amend Pursuant to Rules of Civil Procedure Rule 15 by Lee Fruzzetti. (Pacho, Arnold) Related: [-]
		Att: 1 Exhibit
Friday, October 14, 2022
4		4 misc Docket sheet sent Fri 10/14 3:11 PM DOCKET SHEET sent to Lee Fruzzetti W#11310MCI Concord 965 Elm Street Concord, MA 01742 (Castilla, Francis) Related: [-]
Wednesday, August 17, 2022
2		2 motion Proceed In Forma Pauperis Wed 08/17 3:33 PM MOTION for Leave to Proceed in forma pauperis by John Lee Fruzzetti.(Castilla, Francis) Related: [-]
1		1 cmp Complaint Wed 08/17 3:29 PM COMPLAINT against Easton Police Officers, filed by John Lee Fruzzetti.(Castilla, Francis) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Category,
		Att: 3 Supplement supporting complaint
		notice Notice of Case Assignment Wed 08/17 3:41 PM ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) Related: [-]

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